1 August, 2019
The Mauritius Arbitration Week 2019
For a second consecutive year, the Mauritius Arbitration Week (MAW) gathered local and international practitioners, investors and financiers for a series of conferences, seminars and networking events. The MAW is an annual event organised by MARC. Over the last couple of years, MARC has spared no effort in its determination to become the region’s top dispute resolution centre with the endorsement of several reputed international practitioners, many of which are members of the MARC Court (presided by Neil Kaplan QC) or the MARC Advisory Board. MARC also completely revamped its arbitration rules in May 2018, which are available in English (officially launched during the first edition of the MAW on 21 May 2018), French (officially launched during the Paris Arbitration Week on 2 April 2019) and Chinese (officially launched on 10 June 2019), and incorporate a series of sophisticated features.
The MAW took place between 10 and 14 June 2019. The central theme to this year’s event was "Mauritius: a bridge between Africa and Asia".
The panellists focused to a large extent on the surge in the Africa-Asia trade, which is already giving rise to a significant volume of disputes in the region. While London, Paris and Geneva remain for now the top 3 jurisdictions used for the resolution of those disputes, there is an increasing trend towards their regionalisation and a preference for more-cost efficient jurisdictions and arbitral institutions. Singapore and Hong Kong have already experienced this trend: according to the Queen Mary University Survey, the aggregated preference for these jurisdictions is greater than for London or Paris, which is a significant shift in the mindsets of investors from two decades ago.
The consensus among panellists was that Africa is catching up with this trend. Further, there is a wrong perception from the investment community that there are not enough competent arbitrators of African nationality with experience in cross-border disputes; the aim of another initiative, the African Arbitration Association, is to dispel that perception by increasing the visibility of African arbitrators on international platforms. In addition, the entry into force of the African Continent Free Trade Area (AfCFTA) on 30 May 2019 is expected to increase intra-Africa trade, particularly among SMEs, as well as the resolution of their disputes in accordance with the protocol that has been negotiated as part of the CFTA framework.
Panellists also agreed that Mauritius is recognised as the largest contender for being selected as an African seat due to its ease of doing business, cultural diversity, pro-arbitration judiciary, and its credible financial and administrative institutions. The geographical proximity of Mauritius with Africa and India, together with its strong ties with China, make it the perfect neutral seat. Mauritius also continues to attract significant foreign investment, partly due to the sophisticated Investment Promotion and Protection Agreements (IPPAs) and Double Taxation Avoidance Treaties (DTAs) that it has concluded with several countries, and it has become the natural forum for the resolution of disputes arising from those investments. For example, at a seminar hosted by the Mining and Energy Club during the MAW, panellists discussed the significant role that Mauritius plays in the African mining industry: more than half of the investment into mining in Africa is held in or through funds incorporated in Mauritius. Arbitration becomes an important tool in limiting or mitigating the risks that arise in those investments, and the availability of a pro-arbitration framework in Mauritius is an important factor for investors and their financiers.
However, the conclusion of the discussions held during the MAW was that the regionalisation of disputes in Africa is expected to take time, but Mauritius has made a head start with the implementation of its International Arbitration Act a decade ago, and the emergence of MARC as an arbitral institution that administers disputes in English and French, two languages that are widely used on the African continent. The development of the jurisdiction and its caselaw is also being closely watched by fellow practitioners in neighbouring countries that have recently brought amendments to their own arbitration legislation: for example, South Africa introduced its international arbitration legislation a year ago, and India brought important changes to its legislation in 2015 to include certain features that make arbitration more appealing.
A number of seminars during the MAW were hosted by local and international law firms. Panellists discussed inter alia the significance of nationality and gender diversity in the selection of arbitrators, the challenges in the recognition and enforcement of arbitral awards in Africa, the development of third-party funding on the continent, and the changes brought to Sino-African bilateral investment treaties over time. The MAW also consisted of industry-specific seminars. Panellists on the seminar on construction arbitration in Africa and Asia agreed that the familiarity of the Mauritian jurisdiction with both civil and common law systems and cultures gives it an edge over its competitors to become the ideal place to arbitrate construction disputes, although the country needs more specialist arbitrators and experts. Another seminar considered the mining industry in Africa; the seminar was preceded by the signing of a Memorandum of Understanding between MARC and the Mining & Energy Club for greater cooperation between the two organisations.
Day 1: MARC Conference – "Mauritius: a bridge between Africa and Asia"
Keynote speech: Mrs Aisha Abdallah, Member, MARC Court; Head of Disputes, Anjarwalla & Khanna, Kenya
On 10 June 2019 at The Westin Turtle Bay Resort & Spa, Balaclava
Part 1 of the conference: Mauritius as a bridge: the current state of affairs
Panel 1: Efficiency, stability, neutrality and good governance
Speakers:
Mr Duncan Bagshaw, Member, MARC Advisory Board; Partner, Howard Kennedy LLP, United Kingdom
Ms Ah Foon Cheong, Former Designated Judge of the Supreme Court, Mauritius
Mr Hervé Duval, Senior Counsel, Ahnee Duval Law Firm, Mauritius
Ms Anne-Sophie Jullienne, Managing Partner, PwC Legal, Mauritius
Ms Cheng Yee Khong, Member, MARC Court; Associate Investment Manager, IMF Bentham, Hong Kong
Moderator: Ms Marily Paralika, Partner, Fieldfisher LLP, France
Panel 2: Structuring investment through Mauritius: treaties and regulatory incentives
Speakers:
Ms Johanne Hague, Partner, Juristconsult Chambers, Mauritius
Prof. Malik Laazouzi, Professor of Law, University of Paris II Panthéon-Assas, France
Dr Emilia Onyema, FCIArb, Reader International Commercial Law, SOAS, University of London, United Kingdom
Dr Jamsheed Peeroo, Vice-President, MARC Advisory Board; Head of Arbitration, Peeroo Chambers, Mauritius & United Kingdom
Mr Faraz Rojid, Head, Financial Services, Economic Development Board, Mauritius
Moderator: Mr Neil Kaplan QC, President, MARC Court; International Arbitrator, Arbitration Chambers, Hong Kong & United Kingdom
Part 2 of the conference: Conversations between Africa and Asia
Panel 1: Commercial relations and arbitration involving Africa and India
Speakers:
Mr Priyesh Daya, Partner, Webber Wentzel, South Africa
Ms Elodie Dulac, Partner, King & Spalding, Singapore
Mr Sahil Kanuga, Co-Head, International Dispute Resolution & Investigations Practice, Nishith Desai Associates, India
Mr Aloke Ray, QC, Partner, White & Case LLP, United Kingdom & Singapore
Ms Leyou Tameru, Member, MARC Advisory Board; Director, I-Arb Africa, Ethiopia
Moderator: Mr Niels Schiersing, International Arbitrator, Arbitration Chambers, Hong Kong & United Kingdom
Panel 2: Commercial relations and arbitration involving Africa and China
Speakers:
Mr Pierre Burger, Director, Werksmans Attorneys, South Africa
Ms Maryan Hassan, Member, MARC Advisory Board; Chief Negotiator to the WTO, Office of the President, Somalia
Mr Emmanuel Jacomy, Partner, Shearman & Sterling, China & Singapore
Mr Arthur Ma, Member, MARC Court; Partner, DaHui Lawyers, China
Mr John Miles, Managing Director, Miles & Co., Kenya
Moderator: Mr Richard Wilson QC, Head, The 36 Group, United Kingdom
Users’ perspectives: insights from in-house counsel
Speakers:
Ms Virginie Corneillet, Group Head of Corporate Services, ENL Corporate Services Ltd, Mauritius
Ms Carolyn Desvaux de Marigny, Senior Legal Advisor, IBL Ltd, Mauritius
Ms Laksheeta Bikoo Ellayah, Senior Legal Manager, AfrAsia Bank Limited, Mauritius
Mr Sebastian La Hausse de Lalouvière, Group Legal Counsel, Beachcomber Resorts & Hotels, Mauritius
Moderator: Ms Dipna Gunnoo, Head, MARC, Mauritius
Closing remarks: Dr Jalal El Ahdab, Vice-President, MARC Advisory Board; Head of Arbitration, Partner, Bird&Bird, France
Day 1: Opening Cocktail
Day 2: MARC Conference – “Maurice : un pont entre l’Afrique et l’Asie”
On 11 June 2019 at InterContinental Mauritius Resort, Balaclava Fort
Panel 1: Les spécificités de l’arbitrage international en Afrique et dans les îles de l’Océan Indien
Speakers:
Dr Guillaume Aréou, Senior Associate, Reed Smith LLP, France
Mr Eric Bodo, President of the Bar association, Partner, Actio Defendi, Réunion Island
Dr Sylvie Bebohi Ebongo, Chargée de recherches, Association pour la promotion de l’Arbitrage en Afrique, Cameroon
Mr Cédric Fischer, Partner, FTMS Avocats, France
Ms Mathilde Parent Lagesse, Founder and Managing Director, PLCJ Ltd, Mauritius
Moderator: Ms Marianne Cohet, Juriste internationale, Mauritius, Former in-house counsel, Natixis Paris, France
Panel 2: Maurice comme trait d’union entre l’Afrique et l’Asie
Speakers:
Mr Vinay Guddye, Head of Logistics and Africa Desk, Economic Development Board, Mauritius
Dr Gregory Travaini, Avocat, Herbert Smith Freehills, Founding member, AfricArb, France & Hong Kong
Prof. Denis Mouralis, Professor of Law, Aix-Marseille University, France
Mr Dick Ng Sui Wa, Barrister, Mauritius
Mr Mathieu Mandeng, CEO, Standard Chartered Bank, Mauritius & Cameroon
Moderator: Ms Manisha Meetarbhan, Associate, BLC Robert & Associates, Mauritius
Panel 3: L'arbitrage pour régler les différends issus des secteurs financiers et bancaires à Maurice
Speakers:
Ms Nirupa Narayen, General Counsel, Financial Services Commission, Mauritius
Mr Daniel Essoo, Chief Executive Officer, Mauritius Bankers Association Limited, Mauritius
Mr Mathieu Mandeng, Board Member, Global Finance, Mauritius
Moderator: Dr Jalal El Ahdab, Vice-President, MARC Advisory Board; Partner, Bird&Bird, France
Day 2: I-Arb Round Table Discussion hosted by Peeroo Chambers
Theme: Appointment rules based on the nationality of arbitrators: are they fit for purpose?
Speakers:
Ms Elodie Dulac, Partner, King & Spalding, Singapore
Mr Sahil Kanuga, Co-Head, International Dispute Resolution & Investigations Practice, Nishith Desai Associates, India
Ms Cheng-Yee Khong, Member, MARC Court; Associate Investment Manager, IMF Bentham, Hong Kong
Mr Arthur Ma, Partner, DaHui Lawyers, China
Mr Jamsheed Peeroo, Vice-President, MARC Advisory Board; Barrister, Peeroo Chambers, Mauritius & London, United Kingdom
Ms Leyou Tameru, Director, I-Arb Africa, Ethiopia
Day 2: ArbitralWomen Seminar
Theme: Diversity in international arbitration: the current state of play
Speakers:
Mrs Aisha Abdallah, Member, MARC Court; Head of Disputes, Anjarwalla & Khanna, Kenya
Ms Elodie Dulac, Partner, King & Spalding, Singapore
Mr Sebastian La Hausse de Lalouvière, Group Legal Counsel, Beachcomber Resorts & Hotels, Mauritius
Ms Cheng-Yee Khong, Member, MARC Court; Associate Investment Manager, IMF Bentham, Hong Kong
Moderator: Ms Marily Paralika, Partner, Fieldfisher LLP, France
Day 2: Charity Gala Dinner (in favour of AfrAsia Foundation) at The Westin Turtle Bay Resort & Spa, Balaclava
Day 2: MARC45 Beach Gathering
Day 3: Breakfast Session hosted by BLC Robert & Associates
On 12 June 2019 at The Westin Turtle Bay Resort & Spa, Balaclava
Challenges in recognition and enforcement of international awards
Speakers:
Mrs Aisha Abdallah, Member, MARC Court; Head of Disputes, Anjarwalla & Khanna, Kenya
Mr Priyesh Daya, Partner, Webber Wentzel, South Africa
Mr John Miles, Managing Director, Miles & Co., Kenya
Mr Mustaq Namdarkhan, Partner, BLC Robert & Associates, Mauritius
Day 3: AfricArb Lunch and Seminar hosted by Reed Smith LLP
Theme: Chinese-African BITs: facing new challenges
Speakers:
Mrs Aisha Abdallah, Member, MARC Court; Head of Disputes, Anjarwalla & Khanna, Kenya
Mr Emmanuel Jacomy, Partner, Shearman & Sterling, China & Singapore
Ms Cheng-Yee Khong, Member, MARC Court; Associate Investment Manager, IMF Bentham, Hong Kong
Dr Jamsheed Peeroo, Vice-President, MARC Advisory Board; Head of Arbitration, Peeroo Chambers, Mauritius & United Kingdom
Moderators:
Dr Guillaume Aréou, Senior Associate, Reed Smith LLP, France
Dr Gregory Travaini, Avocat, Herbert Smith Freehills, Founding member, AfricArb, France & Hong Kong
Day 3: Afternoon Seminar hosted by PwC Legal
Theme: Bilateral and Multilateral Investment Treaties: are the fit for purpose?
Speakers:
Mr PJ Hope, Partner/Director, PwC Legal, South Africa
Mr Emmanuel Jacomy, Partner, Shearman & Sterling, China & Singapore
Ms Anne-Sophie Jullienne, Managing Partner, PwC Legal, Mauritius
Mr Neil Kaplan QC, President, MARC Court; International Arbitrator, Arbitration Chambers, Hong Kong & United Kingdom
Mr Mahen Rawoteea, Lead Analyst, Ministry of Finance & Economic Development
Mr Nicholas Zervos, Founder Partner, Velma Law, Tanzania
MARC45 Pub Quiz, at Kas Poz, Ebène
Day 4: Breakfast Session hosted by Keating Chambers
On 13 June 2019 at Audi Centre/Laflor Anglo-Mauritius House, Port-Louis
Seminar on construction arbitration in Africa and Asia
Panel 1: Local and international issues in the construction industry: hot topics
Speakers:
Mr Ram Bahadoor, Executive Director, Construction Industry Development Board, Mauritius
Mr Johan Beyers, International Member Keating Chambers, London, United Kingdom, Advocate, Cape and Johannesburg Bar, South Africa
Ms Eunice Lumallas, Partner (Dispute Resolution & Strategy), Lumallas Achieng & Kavere Advocates, Kenya
Moderator: Mr Anand Juddoo, Chartered Arbitrator & Immediate Past Chairman CIArb Mauritius, Mauritius
Panel 2: Is there a common law/ civil law divide in construction arbitration?
Speakers:
Dr Jalal El Ahdab, Vice-President, MARC Advisory Board; Partner, Bird & Bird, France, Chairman, CIArb – European Branch
Mr Kailash Dabeesingh, FRICS, FCIARC, Kailash Dabeesingh Arbitration Chambers, Mauritius
Mr Johan Beyers, International Member Keating Chambers, London, United Kingdom, Advocate, Cape and Johannesburg Bar, South Africa
Moderator: Ms Anjana Khemraz-Chikhuri, Deputy-Registrar, MARC, Mauritius
Day 4: MCCI Business Club sponsored by Nespresso
Day 5: Breakfast Session hosted by Mining and Energy Club
On 14 June 2019 at The Westin Turtle Bay Resort & Spa, Balaclava
Signature of MoU between MEC, MCCI and MARC followed by seminar on investment & dispute resolution in the african mining industry
Speakers:
Mr Sanjiv Bhasin, Chief Executive Officer, AfrAsia Bank Limited, Mauritius
Mr Vinay Guddye, Head of Logistics and Africa Desk, Economic Development Board, Mauritius
Mr Graeme Robertson, Chairman, Intrasia Group, Director, Mining and Energy Club (Mauritius) Limited, Mauritius
Dr Jamsheed Peeroo, Vice-President, MARC Advisory Board; Barrister, Peeroo Chambers, Mauritius & United Kingdom
Mr Richard Wilson QC, LL.D, Head, The 36 Group, London, United Kingdom
Moderator: Ms Kareena Neisius, Board Director of the Mining and Energy Club, Mauritius
